The fight between Halle Berry’s ex-boyfriend Gabriel Aubry and fiancé Olivier Martinezhappened on Thanksgiving morning, but the fallout from the altercation is still going strong. TMZ is reporting that Aubrey has obtained a restraining order against Martinez, who busted and bloodied the face of Berry’s ex. Aubry is now sporting a very severe black eye from the brawl and graphic pictures of the battered model have hit the web.

In a legal declaration filed by his lawyer, Aubry is now alleging it was the French actor who started the altercation and not the model as was previously reported. Aubry says that the day before Thanksgiving Martinez threatened him in French while at Nahla’s school by saying, “I wish I could beat the s--t out of you right now. You’re lucky we’re in a school right now…”

At Halle’s house on Thanksgiving, Aubry states that the Unfaithful star attacked him while he dropped Nahla off at home by knocking him to the ground, brutally beating him and slamming his head into the concrete driveway. Reports say Berry quickly ushered Nahla into the house before the melee escalated. Both men were treated at Cedars-Sinai Medical Center and Aubry was later arrested for misdemeanor battery. He’ll have his day in court on December 13.

Now the Los Angeles County Department of Child Protective Services plans to reopen an abuse investigation involving Nahla, according to Radaronline. Even though Berry’s daughter was removed from the scene of the fight, sources say detectives from the Los Angeles Police Department formally contacted DCPS after Aubry’s arrest because the 4-year old was present when the dispute occurred. DCPS must confirm that Nahla is in a safe environment.

Berry has also filed an emergency restraining order against Aubry, which orders him to stay 100 yards away from Halle, Olivier and Nahla. Halle’s lawyers will be headed to court this week to have the order extended. In addition, Aubry is heading to family court today to get the restraining order lifted.

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